2.2 Eligible Children and Families

At eligibility determination or redetermination, children must (1) be younger than age 13; (2) reside with a family whose income does not exceed 85 percent of the State's median income (SMI) for a family of the same size and whose family assets do not exceed $1,000,000; and (3)(a) reside with a parent or parents who are working or attending a job training or educational program (which can include job search) or (b) receive, or need to receive, protective services as defined by the Lead Agency. 2.2.1 Eligibility criteria: age of children served Lead Agencies may provide child care assistance for children less than 13 years of age, including continuing to provide assistance to children if they turn 13 during the eligibility period. In addition, Lead Agencies can choose to serve children up to age 19 if those children are unable to care for themselves. a. Does your Lead Agency serve the full federally allowable age range of children through age 12? [x] Yes. [ ] No. If no, describe the age range of children served and the reason why you made that decision to serve less than the full range of allowable children. Note: Do not include children incapable of self-care or under court supervision, who are reported below in 2.2.1b and 2.2.1c. b. Does the Lead Agency extend eligibility for CCDF-funded child care to children ages 13 and older but below age 19 who are physically and/or mentally incapable of self-care? [ ] No. [x] Yes. i. If yes, the upper age is (may not equal or exceed age 19): 18.00 ii. If yes, provide the Lead Agency definition of physical and/or mental incapacity: An emotional, behavioral, physical, or personal need of a child requiring more than the usual amount of care and supervision for the child's age, as documented by a physician, psychologist, special educator, or other qualified licensed professional. A special need includes a developmental disability. c. Does the Lead Agency extend eligibility for CCDF-funded child care to children ages 13 and older but below age 19 who are under court supervision? [x] No. [ ] Yes. If yes, and the upper age is (may not equal or exceed age 19): d. How does the Lead Agency define the following eligibility terms? i. “residing with”: Living in the same household. ii. “in loco parentis”: A person who is living in the same household and acting as the case head of the household with decision-making responsibility and authority and control of the child, formally or informally. A ￿parent￿ is a custodial parent, guardian, foster parent, legal custodian, subsidized guardian, interim caretaker, or person acting in place of a parent. 2.2.2 Eligibility criteria: reason for care Lead Agencies have broad flexibility on the work, training, and educational activities required to qualify for child care assistance. Lead Agencies do not have to set a minimum number of hours for families to qualify for work, training, or educational activities, and there is no requirement to limit authorized child care services strictly based on the work, training, or educational schedule/hours of the parent(s). For example, the Lead Agency can include travel or study time in calculating the amount of needed services. How does the Lead Agency define the following terms for the purposes of determining CCDF eligibility? a. Identify which of the following activities are included in your definition of “working” by checking the boxes below: i. [x] An activity for which a wage or salary is paid. ii. [x] Being self-employed. iii. [ ] During a time of emergency or disaster, partnering in essential services. iv. [x] Participating in unpaid activities like student teaching, internships, or practicums. v. [x] Time for meals or breaks. vi. [x] Time for travel. vii. [ ] Seeking employment or job search. viii. [x] Other. Describe: Employment also includes employer-sponsored training, sheltered employment, or workshop, supported employment, participation in Transform Milwaukee Jobs Program, Transitional Jobs Program, Trial Employment Match Program, W-2 Case Management Follow-up, and AmeriCorps. b. Identify which of the following activities are included in your definition of “attending job training” by checking the boxes below: i. [x] Vocational/technical job skills training. ii. [x] Apprenticeship or internship program or other on-the-job training. iii. [ ] English as a Second Language training. iv. [ ] Adult Basic Education preparation. v. [x] Participation in employment service activities. vi. [x] Time for meals and breaks. vii. [x] Time for travel. viii. [x] Hours required for associated activities such as study groups, lab experiences. ix. [ ] Time for outside class study or completion of homework. x. [ ] Other. Describe: c. Identify which of the following diplomas, certificates, degrees, or activities are included in your definition of “attending an educational program” by checking the boxes below: i. [x] Adult High School Diploma or GED. ii. [x] Certificate programs (12-18 credit hours). iii. [x] One-year diploma (36 credit hours). iv. [x] Two-year degree. v. [x] Four-year degree. vi. [x] Travel to and from classrooms, labs, or study groups. vii. [ ] Study time. viii. [ ] Hours required for associated activities such as study groups, lab experiences. ix. [ ] Time for outside class study or completion of homework. x. [ ] Applicable meal and break times. xi. [x] Other. Describe: Education includes unpaid student teaching and unpaid internships as part of the education activity. d. Does the Lead Agency impose a Lead Agency-defined minimum number of hours of activity for eligibility? [x] No. [ ] Yes. If yes, describe any Lead Agency-imposed minimum requirement for the following: [ ] Work. Describe: [ ] Job training. Describe: [ ] Education. Describe: [ ] Combination of allowable activities. Describe: [ ] Other. Describe: e. Does the Lead Agency allow parents to qualify for CCDF assistance based on education and training without additional work requirements? [x] Yes. [ ] No. If no, describe the additional work requirements: f. Does the Lead Agency extend eligibility to specific populations of children otherwise not eligible by including them in its definition of “children who receive or need to receive protective services?” Note: A Lead Agency may elect to provide CCDF-funded child care to children in foster care when foster care parents are not working or are not in education/training activities, but this provision should be included in the Lead Agency’s protective services definition. [x] No. If no, skip to question 2.2.3. [ ] Yes. If yes, answer the questions below: Provide the Lead Agency’s definition of “protective services” by checking below the sub-populations of children that are included: [ ] Children in foster care. [ ] Children in kinship care. [ ] Children who are in families under court supervision. [ ] Children who are in families receiving supports or otherwise engaged with a child welfare agency. [ ] Children participating in a Lead Agency’s Early Head Start - Child Care Partnerships program. [ ] Children whose family members are deemed essential workers under a governor-declared state of emergency. [ ] Children experiencing homelessness. [ ] Children whose family has been affected by a natural disaster. [ ] Other. Describe: g. Does the Lead Agency waive the income eligibility requirements for cases in which children receive, or need to receive, protective services on a case-by-case basis? [ ] No. [ ] Yes. h. Does the Lead Agency waive the eligible activity (e.g., work, job training, education, etc.) requirements for cases in which children receive, or need to receive, protective services on a case-by-case basis? [ ] No. [ ] Yes. i. Does the Lead Agency use CCDF funds to provide respite care to custodial parents of children in protective services? [ ] No. [ ] Yes. 2.2.3 Eligibility criteria: deciding entity on family income limits How are income eligibility limits established? [x] There is a statewide limit with no local variation. [ ] There is a statewide limit with local variation. Provide the number of income eligibility tables and describe who sets the limits: [ ] Eligibility limits are established locally only. Provide the number of income eligibility tables and describe who sets the limits: [ ] Other. Describe: 2.2.4 Initial eligibility: income limits a. Complete the appropriate table to describe family income limits. i. Complete the table below to provide the statewide maximum income eligibility percent and dollar limit or threshold: Family Size 100% of SMI ($/Month) Maximum Initial Eligibility Limit (or Threshold) % Maximum Initial Eligibility Limit (or Threshold) $ 1 Family Size 100% of SMI ($/Month) Maximum Initial Eligibility Limit (or Threshold) % Maximum Initial Eligibility Limit (or Threshold) $ 2 6148.00 200.00 3407.00 3 7594.00 200.00 4303.00 4 9041.00 200.00 5200.00 5 10487.00 200.00 6097.00 ii. Does the Lead Agency certify that they use other funds if the income eligibility limit percent exceeds 85% SMI? [x] Not applicable. The Lead Agency does not allow income eligibility limits above 85% SMI. [ ] Yes, the Lead Agency certifies that they use other funds (non-CCDF funds) for families with income that exceeds 85% SMI. [ ] No. The Lead Agency establishes income eligibility limits above SMI and includes CCDF funds to pay for families with income that exceeds 85% SMI. If checked, describe: b. Complete the table below if the Lead Agency has local variation in the maximum income eligibility limit. Complete the table for the region/locality with the highest eligibility limit, region/locality with the lowest eligibility limit, and the region/locality that is most populous: i. Region/locality with the highest eligibility limit: Family Size 100% of SMI ($/Month) Maximum Initial Eligibility Limit (or Threshold) % Maximum Initial Eligibility Limit (or Threshold) $ 1 2 3 4 5 ii. Region/locality with the lowest eligibility limit: Family Size 100% of SMI ($/Month) Maximum Initial Eligibility Limit (or Threshold) % Maximum Initial Eligibility Limit (or Threshold) $ 1 Family Size 100% of SMI ($/Month) Maximum Initial Eligibility Limit (or Threshold) % Maximum Initial Eligibility Limit (or Threshold) $ 2 3 4 5 iii. Region/locality that is most populous: Family Size 100% of SMI ($/Month) Maximum Initial Eligibility Limit (or Threshold) % Maximum Initial Eligibility Limit (or Threshold) $ 1 2 3 4 5 iv. Does the Lead Agency certify that they use other funds if the income eligibility limit percent exceeds 85% SMI? [ ] Not applicable. The Lead Agency does not allow income eligibility limits above 85% SMI. [ ] Yes, the Lead Agency certifies that they use other funds (not CCDF funds) for families with income that exceeds 85% SMI. [ ] No. The Lead Agency establishes income eligibility limits above 85% SMI and includes CCDF funds to pay for families with income that exceeds 85% SMI. If checked, describe: c. How does the Lead Agency define “income” for the purposes of eligibility at the point of initial determination? Check all that apply: i. [x] Gross wages or salary. ii. [x] Disability or unemployment compensation. iii. [x] Workers’ compensation. iv. [x] Spousal support, child support. v. [x] Survivor and retirement benefits. vi. [x] Rent for room within the family’s residence. vii. [x] Pensions or annuities. viii. [x] Inheritance. ix. [ ] Public assistance. x. [x] Other. Describe: ￿Income￿ also includes dividends, interest on savings or bonds, income from estates or trusts, royalties, Supplemental Security Income (SSI) of adults, Social Security payments for all Assistance Group members, any student financial aid provided by public or private organizations that are not used for tuition and books, and capital gains income from selling securities and other property. Note: child support is only included in income if the total amount the parent receives for all children is greater than $1,250 per month. d. What is the effective date for these income eligibility limits? July 1, 2024 e. Income limits must be established and reported in terms of current SMI based on the most recent data published by the Bureau of the Census, even if the federal poverty level is used in implementing the program. What federal data does the Lead Agency use when reporting the income eligibility limits? [x] LIHEAP. If checked, provide the publication year of the LIHEAP guideline estimates used by the Lead Agency: 2024 [ ] Other. Describe: f. Provide the direct URL/website link, if available, for the income eligibility limits. https://dcf.wisconsin.gov/manuals/wishares-cc-manual/ (Sections 6.1.1 Application Income Limit and 6.1.2 Ongoing Eligibility Income Limit). 2.2.5 Income eligibility: irregular fluctuations in earnings Lead Agencies must take into account irregular fluctuations in earnings in initial eligibility determination and redetermination processes. The Lead Agency must ensure that temporary increases in income, including temporary increases that can result in a monthly income exceeding 85 percent of SMI from seasonal employment or other temporary work schedules, do not affect eligibility or family co-payments. Check the processes that the Lead Agency uses to take into account irregular fluctuations in earnings. i. [x] Average the family’s earnings over a period of time (e.g., 12 months). Identify the period of time Monthly income is budgeted prospectively by making the best estimate of income based upon the information available. Income that is normally obtained, but received on an irregular basis, is averaged over the number of months between the irregular payments. ii. [ ] Request earning statements that are most representative of the family’s monthly income. iii. [ ] Deduct temporary or irregular increases in wages from the family’s standard income level. iv. [x] Other. Describe the other ways the Lead Agency takes into account irregular fluctuations in earnings: Because families must be at or below 200% FPL at application, the family copayment per month is capped based on the family's lowest FPL during the 12-month eligibility period and will not increase based on an increase in income until the following annual eligibility renewal. If the family's income was at or below 200% FPL at the family's annual eligibility renewal and the parent's income increases during the following 12-month eligibility period, the family copayment per hour is capped based on the family's lowest FPL during the 12-month eligibility period. If a family experiences an increase in income, their copayment per hour will not increase until the family's next annual eligibility renewal. If the family's income was above 200% FPL at their previous renewal, the family copayment will increase $1 for every $5 by which the family income exceeds 200% FPL until the family reaches 85% SMI at which point eligibility ends. If a family's income decreases at any time during the eligibility period, the copayment per hour is decreased accordingly. 2.2.6 Family asset limit a. When calculating income eligibility, does the Lead Agency ensure each eligible family does not have assets that exceed $1,000,000? [x] Yes. [ ] No. If no, describe: b. Does the Lead Agency waive the asset limit on a case-by-case basis for families defined as receiving, or in need of, protective services? [ ] No. [x] Yes. If yes, describe the policy or procedure: Foster parents, subsidized guardians, interim caretakers, relatives with court-ordered placement who receive Kinship Care payment, and children in tribal placement homes under a substantially similar Wisconsin tribal law, are not subject to the asset test. 2.2.7 Additional eligibility criteria Aside from the eligibility conditions or rules which have been described in 2.2.1 – 2.2.6, is any additional eligibility criteria applied during: a. [x] Eligibility determination? If checked, describe: Additional eligibility conditions that are limited to once per lifetime at the initial eligibility determination include: identity of all parents, date of birth for each family member, and citizenship of children. In addition, residency verification, alien status of children, marital status, and child placement arrangements must be verified if questionable or if changed. The Lead Agency has an ongoing eligibility requirement for parents to cooperate with the Child Support agency to identify and locate an absent parent and obtain a child support order. The child's Social Security number is a current additional eligibility condition that is limited to once per lifetime, however, Wisconsin is reviewing the administrative code and analyzing steps to address this requirement. b. [x] Eligibility redetermination? If checked, describe: Verification of income, assets, and approved activity. Address, residency, child placement, and marital status would only need to be verified if questionable. 2.2.8 Documentation of eligibility determination Lead Agencies must document and verify that children receiving CCDF funds meet eligibility criteria at the time of eligibility determination and redetermination. Check the information that the Lead Agency documents and verifies at initial determination and redetermination and describe what information is required and how often. Required at Initial Determination Required at Redetermination Description [x] [ ] Applicant identity. Describe how you verify: Identity is typically verified via data exchange with the Social Security Administration (SSA). Other acceptable sources include driver's license, State-issued ID card, Photo Employee ID card, Photo Student ID card, Military ID card, Native American ID card issued by a federally recognized Tribe, Photo ID issued by USCIS, or U.S. Passport. Identity is verified once per lifetime. [x] [ ] Applicant’s relationship to the child. Describe how you verify: Self-attestation is accepted regarding an applicant's relationship to the child. [x] [ ] Child’s information for determining eligibility (e.g., identity, age, citizen/immigration status). Describe how you verify: Citizenship or qualified immigrant status are documented and verified only once per lifetime. Citizenship is typically verified through a data exchange with the SSA. Immigration status can change and is updated; if this changes the agency worker will verify this through the Systematic Alien Verification for Entitlements (SAVE) resource. The child's Social Security number is a current additional eligibility condition that is limited to once per lifetime, however, Wisconsin is reviewing the administrative code and analyzing steps to address this requirement. [x] [x] Work. Describe how you verify: Employment is verified by pay stubs, employment verification form, a signed letter from the employer, or through data exchange with the Federal Data Services Hub (FDSH). Work is verified at application, renewal and if there is an employment change. Required at Initial Determination Required at Redetermination Description [x] [ ] Job training or educational program. Describe how you verify: Proof of school enrollment and school schedules are provided by the parent. Parents who are engaged in the TANF program or the FSET program have Employability Plans that verify their activities. The local agency verifies this in the shared eligibility system. Job training or educational programs are verified at application, renewal, and if there is a change. [x] [x] Family income. Describe how you verify: Pay stubs, employer verification, wage records from the FDSH, and tax records for self-employed parents. Most unearned income is verified through data exchanges, including Unemployment Insurance, child support, Social Security, and Supplemental Security Income. Other types are verified through documentation from the parent, such as divorce documents showing family support, maintenance, or financial settlement; Documentation of court-awarded settlement; Veteran's Administration award letter; educational financial aid award letter. Household earned and unearned income is verified at application, renewal, and if there is a change in income above the reporting threshold. [x] [x] Household composition. Describe how you verify: The Lead Agency accepts self-declaration of household composition unless questionable. If questionable, the family may provide a lease agreement or other documentation that includes a list of household resident. [x] [x] Applicant residence. Describe how you verify: The applicant residence may be verified by a lease agreement; utility bill for water, gas, electricity, or telephone that includes name and address; mortgage receipt; subsidized housing program approval document; weatherization program approval document; paycheck stub that includes name, address, and employer; current Wisconsin driver's license; current Wisconsin ID card; current motor vehicle registration. Applicant residence is verified at application and when an address change is reported. Required at Initial Determination Required at Redetermination Description [x] [x] Other. Describe how you verify: Wis. Admin. Code DCF 101.11 requires that all non-financial and financial eligibility criteria be verified prior to providing a child care subsidy. Wis. Admin. Code DCF 201.037 requires parents to notify the local agency of any change in circumstances that affect eligibility or the need for child care within ten days of the change. 2.2.9 Exception to TANF work requirements Lead Agencies must ensure that families with young children participating in TANF will be informed of their right not to be sanctioned under the TANF work requirement if the custodial parent has a demonstrated inability to obtain child care for a child under age six, in accordance with Section 407(e)(2) of the Social Security Act. a. Identify the TANF agency that established these criteria or definitions: The Department of Children and Families (DCF). b. Provide the following definitions established by the TANF agency: i. “Appropriate child care”: The W-2 program defines appropriate care as both formal and informal child care. ii. “Reasonable distance”: The W-2 program defines reasonable distance as no more than 60 minutes travel time one-way, using available transportation, from the parent's home to the childcare provider's location to the parent's work site. Travel time may be extended up to 90 minutes one-way if there is a good placement opportunity for the participant and the parent is willing to enter into this arrangement. iii. “Unsuitability of informal child care”: The W-2 program defines informal child care as an arrangement in which a child care provider is not regulated (licensed or certified). Parents who use informal child care are not eligible for child care assistance. "Unsuitability" is not defined by the W-2 program; this would be determined by the parent. iv. “Affordable child care arrangements”: The W-2 program does not define affordable child care arrangements. c. How are parents who receive TANF benefits informed about the exception to the individual penalties associated with the TANF work requirements? i. [x] In writing ii. [x] Verbally iii. [ ] Other. Describe: